Highlights 77th Texas Legislature - Senate

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FFAIRS/AgenciesAgencies
TATE AFFAIRS
77 th Texas Legislature
• the commission to designate an engineer or architect to act as its representative. If the
commission's engineer or architect is not a full-time employee of the commission, any engineer or
architect designated shall be selected on the basis of demonstrated competence and qualifications
in accordance with Subchapter A, Chapter 2254.
• the commission to prepare a request for qualifications that includes general information on the
project site, project scope, budget, special systems, selection criteria, and other information that
may assist potential design-build firms in submitting proposals for the project. The commission
shall also prepare a design criteria package that includes more detailed information on the project.
• the commission or its representative to publish the request for qualifications in a manner prescribed
by the commission.
• the commission or its representative to evaluate statements of qualifications and select a
design-build firm in two phases which are set out in the bill.
• the selected firm’s engineers or architects to complete the design and submit all design elements
for review and determination of scope compliance with the commission’s engineer or architect
before or concurrently with the beginning of construction.
• an engineer to have responsibility for compliance with the engineering design requirements and all
other applicable requirements of the Texas Engineering Practice Act, and an architect to have
responsibility for compliance with the requirements of Article 249a, V.T.C.S. (Regulation of
Architects).
• the commission to provide or contract for, independently of the design-build firm, the inspection
services, the testing of construction materials engineering, and the verification testing services
necessary for acceptance of the facility by the commission.
• the design-build firm to supply a signed and sealed set of construction documents for the project to
the commission at the conclusion of the construction.
Provides that a payment or performance bond is not required for, and may not provide coverage for, the
portion of a design-build project that includes design services only. Requires the penal sums of the
performance and payment bonds delivered to the commission to each be in an amount equal to the project
budget, if a fixed contract amount or guaranteed maximum price has not been determined at the time a
design-build contract is awarded. Requires the design-build firm to deliver the bonds not later than the 10 th
day after the date the firm executes the contract unless the firm furnishes a bid bond or other financial
security acceptable to the commission.
Construction Manager-At-Risk Method
Authorizes the commission to use the construction manager-at-risk method for a project. Requires the
commission, in using that method and in entering into a contract for the services of a construction managerat-risk,
to follow certain procedures.
Sets out the procedures for selection, contracting, and bonding of a manager-at-risk.
Competitive Sealed Proposal Method
Authorizes the commission to select a contractor for a project using the competitive sealed proposal
method. Sets out the procedures for selection and contracting using the competitive sealed bid method.
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